Terms of Service

Effective date: January 29, 2025

These Terms of Service (“Terms”) govern your access to and use of the Ironmark Ignition platform, including any associated websites, applications, APIs, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is operated by Ironmark, LLC (“Ironmark,” “we,” “us,” or “our”), located at 9040 Junction Dr, Annapolis Junction, MD 20701.

1. Eligibility and Accounts

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use of your account.

2. Use of the Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
  • Attempt to gain unauthorized access to any part of the Service, other accounts, or systems;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Reverse engineer, decompile, or disassemble any part of the Service;
  • Use the Service to transmit malware, spam, or other harmful content;
  • Resell, sublicense, or redistribute the Service without our prior written consent;
  • Use automated means (bots, scrapers, etc.) to access the Service except through our documented APIs.

3. Your Data

“Customer Data” means any data, content, or materials you or your authorized users submit to the Service. You retain all rights in your Customer Data. By submitting Customer Data, you grant us a limited license to host, store, process, and display it solely to provide the Service to you.

We will not sell your Customer Data to third parties. We may use aggregated, anonymized data that does not identify you or your customers for analytics, benchmarking, and product improvement purposes.

4. Third-Party Integrations

The Service may integrate with third-party platforms and services (e.g., advertising platforms, CRM systems, analytics providers). Your use of third-party integrations is subject to those providers’ terms of service and privacy policies. We are not responsible for the practices of third-party providers.

5. Intellectual Property

The Service, including its design, features, code, documentation, and all related intellectual property, is owned by Ironmark and protected by copyright, trademark, and other laws. These Terms do not grant you any rights to our trademarks, branding, or other intellectual property except as needed to use the Service.

If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

6. Fees and Payment

Certain features of the Service may require a paid subscription. Fees, billing frequency, and payment terms will be set forth in your subscription agreement or as displayed in the Service. All fees are non-refundable except as expressly stated in your subscription agreement.

We may change pricing with at least 30 days’ prior notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Service Availability

We use commercially reasonable efforts to maintain the availability of the Service. However, we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will make commercially reasonable efforts to notify you of material changes.

8. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA OR CONTENT WILL BE ACCURATE OR COMPLETE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IRONMARK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Ironmark and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

12. Term and Termination

These Terms are effective until terminated. You may terminate your use of the Service at any time by closing your account. We may suspend or terminate your access at any time for any reason, including violation of these Terms, with or without notice.

Upon termination, your right to use the Service ceases immediately. We will make your Customer Data available for export for a reasonable period (at least 30 days) following termination, after which we may delete it.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflict of law principles. Any disputes arising out of or related to these Terms shall be resolved in the state or federal courts located in Maryland, and you consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the effective date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. General

  • Entire Agreement. These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and Ironmark regarding the Service.
  • Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
  • Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Us

If you have questions about these Terms, please contact us:

Ironmark, LLC
9040 Junction Dr
Annapolis Junction, MD 20701

Email: websupport@ironmarkusa.com
Telephone: 888-775-3737